Benjamin Franklin famously said that “the only things certain in life are death and taxes.” Like it or not, franchised companies may want to add “lawyers” to that short list.

Not every experience with a franchise lawyer needs to be a negative one. However, franchisors should do their homework before choosing a legal advisor they can trust and not one whose eye is only on the billable hour. As franchise lawyers, we, like many of our clients, are in the service business, and should deliver value for the money paid. Our clients customers expect it, and, despite a reputation that may suggest otherwise, they should expect the same standard from their legal advisors.

Unfortunately, legal fees are a necessary evil of starting and operating a franchised business as you will need the expertise of someone with a franchise industry specialty to create your franchise agreement and disclosure document, and assist with future issues, both positive and negative. I am always amazed when franchisors approach me after having had their budget expectations wildly exceeded by the law firm with which they are dealing. Franchisors should establish a range for those fees as precisely as possible before agreeing to retain any one lawyer. Many legal services can be provided for a flat fee, or at least within a reasonable range that can be estimated. You should be wary of lawyers who says otherwise, or who simply quote their hourly rate and then just let the clock run without some framework to help you plan your budget.

You also have the power to ensure that the fees you agree to are reasonable given industry standards. Try to get quotes from more than one lawyer, and ask around among peers or even competitors and find out what they paid for similar work. Franchise agreements and disclosure documents take considerable time to draft, but it shouldn’t exhaust your annual operating budget to have them prepared.

You should also make sure that a lawyer who markets him or herself as a “franchise lawyer” or “expert” does in fact specialize, and not just dabble, in it. Generally, hiring a lawyer who dabbles in franchise law will cost you more money in the long run, to pay a specialist to correct their work.